Legally Break Your Memphis Apartment Lease
Sep 9th, 2007 by Memphis Apartments
When you decided to rent your Memphis apartment, you planned to be there forever. But life happens. And now you want to move but you signed a lease. There are a variety of reasons to want to break your Memphis apartment lease. There are just as many ways to so legally.
If you simply move out of your Memphis apartment after signing a lease, you have indeed broken your lease but not legally. Your landlord will hold you accountable for the terms in the lease. Most important to him is the rent money and condition of the property.
When you sign a lease you are agreeing to be financially responsible for the Memphis apartment for twelve months. The landlord makes business decisions based on Memphis apartment occupancy. Anytime a landlord has vacant units, he is not receiving rent money.
If you decide to move out of your Memphis apartment, your responsibility for rent for the twelve months is not waived. If your landlord is unable to find a new tenant, you will be required to continue paying rent on the Memphis apartment. Your landlord does not have to aggressively try to locate a new tenant. Do not assume he will since you are still required to pay rent.
You now know what can happen if you decide to break your lease without cause. There are ways to legally break your lease. The first thing you should do is know the law in your state. You should always consult with an attorney before breaking your lease. You want to break your lease for cause. This means that your landlord has not met his responsibilities as outlined in the lease.
A major point of contention between tenants and landlords is repairs and maintenance. If your upstairs neighbor overflowed her tub and it caused problems in your Memphis apartment, your landlord should repair the damage. If he does not you have legal remedies. Instead of paying him the monthly rent, contact your local housing court and pay the rent to the court. The court will address the issue with the landlord. If the landlord is at fault and does not remedy the situation in the time period required by the court, the court may let you break your lease.
Always give your landlord notice that you plan to leave. Even if you are breaking your lease, he is more likely to work with you if you at least extend the courtesy of letting him know you are moving out. He might have a prospective tenant he can rent the Memphis apartment to so it is an easy transition for him. If you just walk out, expect your landlord to sue you.
By providing notice to your landlord, you have the opportunity to conduct a quick move-out inspection with your landlord. You still might be able to get your security deposit back if you are leaving the Memphis apartment in good condition. This is all dependent upon your landlord’s willingness to work with you.
When you decide to break your lease, remember that your landlord does not care why you are breaking your lease. You can have very legitimate reasons liking having to move closer to an ailing relative or getting a job transfer. This does not matter to your landlord. All that matters is you are breaking your lease and he has to deal with the fall out.
Your ignorance of the law is not a good excuse for breaking the law. Know what your obligations are when entering a legally binding lease agreement. If you think there is a possibility you will not be able to meet the full requirements of the lease, tell your landlord upfront. He should be permitted to decide if he still wants you as a tenant if you are applying for jobs in another state.